Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Board of Directors of Rizzo-Bottiglieri-De Carlini Armatori SpA v Rizzo-Bottiglieri-De Carlini Armatori SpA [2017] FCA 331 File number: NSD 696 of 2015
Judge: RARES J
Date of judgment: 3 February 2017
Catchwords: BANKRUPTCY AND INSOLVENCY – cross-border insolvency– where foreign court terminates proceeding for which Federal Court granted interim relief under Art 19 and 21 of Model Law on Cross-Border Insolvency of the United Nations Commission on International Trade Law pursuant to Cross-Border Insolvency Act 2008 (Cth) – where Art 18 requires foreign representative to inform Court of substantial change in circumstances – where foreign representative fails to apply promptly for discharge of interim relief orders after foreign court terminates proceeding PRACTICE AND PROCEDURE – where plaintiff files originating process for recognition of foreign proceeding and that foreign proceeding later terminated – where plaintiff applies to amend existing originating process under Art 15 for recognition of new foreign proceeding – whether appropriate to allow amendment of existing originating process or whether existing proceeding be terminated and new proceeding be commenced BANKRUPTCY AND INSOLVENCY – cross-border insolvency – insolvent shipping line – form of interim stay order under Arts 19 and 20 – whether stay order should require prospective plaintiff to give notice of intention to arrest vessel to foreign representative or whether notice of application for issue of warrant for arrest of any vessel owned or charted by defendant be made ex parte to judge
Legislation: Admiralty Act 1988 (Cth) Corporations Act 2001 (Cth) Ch 5, Pt 5.3A Cross-Border Insolvency Act 2008 (Cth) s 6, Sch 1 Federal Court (Corporations) Rules 2000 (Cth) rr 15A.6, 15A.7, 15A.9 Federal Court Rules 2011 r 8.21 United States Code Model Law on Cross-Border Insolvency of the United Nations Commission on International Trade Law Arts 15, 17, 18, 19, 20, 21, 22
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